Hemanand v. Gausalya - Divorce -Matrimonial Appeal - Non Payment Of Maintenance Arrears
Matrimonial Appeal - Divorce Suit - The husband’s suit for divorce was decreed by the Family Court on 01.03.2017, but the High Court, in appeal (C.M.A. No. 3566 of 2019), dismissed it solely because arrears of maintenance had not been cleared. SC held: Even if maintenance arrears were unpaid, that was not a valid ground to dispose of the appeal without examining the correctness of the divorce decree on merits.
Case Info
Case name: Hemanand v. Gausalya
Coram:Hon’ble Mr. Justice Pankaj MithalHon’ble Mr. Justice S.V.N. Bhatti
Judgment/order date: 08 May 2026 (NEW DELHI; MAY 08, 2026.)
Brief Summary (Three Sentences)
The appellant-husband’s suit for divorce was decreed by the Family Court on 01.03.2017, but the High Court, in appeal (C.M.A. No. 3566 of 2019), dismissed it solely because arrears of maintenance had not been cleared. The Supreme Court held that, even if maintenance arrears were unpaid, that was not a valid ground to dispose of the appeal without examining the correctness of the divorce decree on merits, especially since the arrears had in fact been paid by the time of hearing. Accordingly, the Supreme Court set aside the High Court’s order dated 28.01.2025 and remanded the matter to the High Court to decide the appeal expeditiously on all issues raised by the parties.